Cori Badgley
Use of Formula OK’d for Assessing Habitat Impact
Submitted by jstephens on 30 August 2010 - 8:19pmOverview
A development project in Redding that would destroy critical habitat for endangered species may proceed because the affected habitat constitutes a small percentage of habitat available nationwide, the Ninth U.S. Circuit Court of Appeal has ruled.
The Ninth Circuit’s decision puts a new twist on the debate over what constitutes “adverse modification” to critical habitat by upholding a black and white mathematical percentage formula applied by the U.S. Fish and Wildlife Service (FWS). Using the formula, a FWS biological opinion determine there would not be adverse modification or destruction of critical habitat of three species native to the Central Valley.
First District Upholds CEQA Distinction Between ‘Agreement’ and ‘Project’
Submitted by jstephens on 9 March 2010 - 10:52amIn yet another California Environmental Quality Act case involving whether an agreement between a tribe and a city constitutes a “project,” the First District Court of Appeal has held that the law did not apply to an agreement requiring a city’s formal support of a proposed casino in exchange for the tribe’s funding of undefined city services and improvements.
L.A. School District Wins Pass-Through Payment Dispute
Submitted by Paul Shigley on 9 February 2010 - 11:38amCounties and cities must let go of another share of property tax revenues to school districts under the redevelopment law’s distribution of the property tax increment.
Tiburon Loses Prop. 218 Assessment Challenge
Submitted by Paul Shigley on 26 January 2010 - 3:10pmThe Town of Tiburon has lost another round in its ongoing litigation with property owners over assessments to fund the undergrounding of utility lines.